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ALBANY & EASTERN RAILROAD COMPANY v. LINN COUNTY

Case No. 6:13-cv-00216-AA.

ALBANY & EASTERN RAILROAD COMPANY, an Oregon corporation, Plaintiff, v. LINN COUNTY, an Oregon municipal corporation, and ROBERT WHEELDON, Director of the Linn County Planning and Building Department, in his official capacity, Defendants.

United States District Court, D. Oregon.

May 4, 2013.

Attorney(s) appearing for the Case

Colleen Konicek, Elizabeth Bryant, Myles Tobin, Fletcher & Sippel LLC, Chicago, Illinois, John E. Kennedy, Morley, Thomas & McHill LLC, Lebanon, Oregon, Attorneys for plaintiff.

Edward F. Schultz, Joel D. Kalberer, Weatherford, Thompson, Cowgill, Black & Schultz PC, Albany, Oregon, Attorneys for defendants.

OPINION AND ORDER

ANN AIKEN, Chief District Judge.

Plaintiff Albany & Eastern Railroad Company ("AERC") moves to enjoin defendants Linn County ("County") and Robert Wheeldon from enforcing certain zoning regulations, land use regulations, and development approval requirements. For the reasons set forth below, AERC's motion is denied.

BACKGROUND

AERC is a common carrier providing railroad transportation service over 67 miles of main...

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